Facing Dismissal From the University of California, Santa Barbara

We all make mistakes. College students sometimes make more than their fair share. That's understandable. You're only just learning how to adult, and you're doing that while trying to get used to an entirely new environment and, oh, by the way, taking calculus in your spare time.

Given this situation, the goal isn't to avoid making mistakes entirely. That's probably impossible. Instead, it is to make it to graduation with as few battle scars as you can.

Joseph D. Lento and his Education Law Team are here to help with that. They've spent years representing students in all types of conduct cases. They know how UC, Santa Barbara operates, they know how the judicial process works, and they know how to use policies and procedures to your advantage.

If you're facing dismissal for any reason, you'll want to find out exactly what you're up against and how to defend yourself. Then, you'll want to contact Joseph D. Lento and his Team. You can and should fight for your academic future. It's not always easy, though, and you're going to need the best help you can find.

Reasons for Dismissal at UC, Santa Barbara

There are actually dozens of reasons you can be dismissed from UC, Santa Barbara—too many to list here, in fact. However, most of these can be grouped into four basic categories.

  • Academic Misconduct: UCSB's Academic Integrity Policy forbids cheating, plagiarism, unauthorized collaboration, and any other act that might give you an unfair advantage as a student. Minor offenses are usually handled with academic sanctions, like a lowered grade on an assignment. More serious and repeat offenses, though, can get you expelled.
  • Disciplinary Misconduct: Likewise, the Student Conduct Code contains a long list of prohibited non-academic conduct, including things like theft, unauthorized entry, physical abuse, disorderly conduct, and firearms possession. Any violation can result in dismissal, but some—such as drug possession and hazing—almost always lead to dismissal.
  • Sexual Misconduct: Sexual misconduct is another offense that is almost always punished with dismissal. Such offenses aren't just a matter of school policy but of federal law. As a result, they are treated as a separate kind of violation, even though they are technically all under disciplinary misconduct.
  • Academic Performance: In addition to misconduct, you can also be dismissed from UCSB for failing to meet the school's academic standards. You can be placed on probation should your cumulative GPA fall below 2.0, and should you continue to struggle while on probation, you can ultimately be dismissed from the university.

Defending Yourself From Misconduct Charges

Different governing bodies at UC, Santa Barbara maintain their own processes and procedures for dealing with particular kinds of misconduct. However, if your punishment could include dismissal, the process is generally the same in all cases.

  • Cases begin with an accusation made against you. You are referred to as the “Respondent.” If the offense involves an injured party, they are referred to as the “Complainant.”
  • The appropriate administrative office conducts an investigation. At a minimum, you'll be invited to make a statement, submit any relevant evidence, and suggest witnesses.
  • Throughout the process, you are entitled to an advisor, a support person, to help you prepare your case and to attend meetings and proceedings. This advisor can be an attorney.
  • The investigator's findings become the foundation for a formal hearing. In fact, the investigator is usually the chief witness in such hearings.
  • At the hearing, you can make arguments, present evidence, and call witnesses. You may also question witnesses against you. However, in most cases, you cannot ask those questions directly. In academic and disciplinary misconduct cases, the Hearing Panel asks all questions. In sexual misconduct cases, advisors ask all questions.
  • Once both sides have had an opportunity to make their cases, the Hearing Panel meets to determine an outcome. They use a legal standard known as “preponderance of the evidence.” Based on this standard, they must find you Responsible if they believe you “more likely than not” committed the offense.
  • You may appeal the hearing outcome, but grounds for appeals are limited to
    • New evidence
    • Unfairness in the proceedings
    • Lack of substantial basis for the sanction
    • Incongruity of the sanction with the offense

There are minor differences in how cases proceed based on specific charges. For instance, students in Title IX sexual misconduct cases are entitled to cross-examine one another in addition to witnesses. Joseph D. Lento and his Education Law Team are well-versed in all of UC Santa Barbara's judicial processes, though, and can help you navigate whatever type of investigation and hearing you may be facing.

Academic Dismissal Cases

Academic dismissal cases are treated substantially differently than misconduct cases. That's because the primary “evidence” in such cases is your GPA. No one needs to investigate to find out what that is, and there's no need to debate it at a hearing.

UC Santa Barbara does provide some processes, though, for dealing with the threat of academic dismissal. First, you cannot be dismissed without having gone through several stages in the school's academic standing policy. That is, you must first be put on probation, then given “subject to disqualification” status before you are finally disqualified.

In addition, even if you are disqualified, the school allows you to apply for reinstatement after at least a year away. However, this process is not automatic, and your return is never guaranteed.

Here again, Joseph D. Lento and his Team are familiar with all the formal procedures for responding to academic dismissal. In addition, they know some strategies your advisor may not. For instance, they can help you prepare to negotiate with an instructor for a higher grade. They can work with you to present an appeal to your dean if you feel there are mitigating circumstances in your case. They can assist you in gathering evidence if a professor is mistreating you. Whatever your particular situation, you can count on Joseph D. Lento and the Lento Law Firm Team to stand by your side from start to finish.

Fighting for Your Future

By this point, you should have a clear sense of why you need the help of an attorney-advisor to fight dismissal decisions. Campus judicial procedures can be complex and difficult to navigate, and the full weight of your school will likely be against you. Plus, it's no exaggeration to say that your entire future is on the line. You're facing dismissal, and you know what happens to people who go into the workforce with no college degree.

You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.

The Joseph D. Lento law firm was built on helping students just like you handle all types of misconduct charges. They know how to negotiate with faculty and administrators; they know how to interview witnesses; they know how to put together water-tight appeals. To find out more about exactly what Joseph D. Lento and his Team can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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